in Re: Michael Newsome

• Court: Court of Appeals of Texas
• Decided: September 26, 2007
• Docket: 12-07-00354-CV
• Status: Published

Opinion

                                                                                                        NO. 12-07-00354-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§                      APPEAL FROM THE 369TH

IN RE:

§                      JUDICIAL DISTRICT COURT OF

MICHAEL NEWSOME

§                      ANDERSON COUNTY, TEXAS

MEMORANDUM OPINION

            In this original mandamus proceeding, Michael Newsome complains that Janice Staples, District Clerk of Anderson County, Texas, has not notified him that she received and filed his petition and motion and has not furnished him with the assigned trial court case number.  He further states that he cannot file other motions until he receives file marked copies of the original documents. 

            A court of appeals has the authority to issue writs of mandamus against a judge of a district or county in the court of appeals district and all writs necessary to enforce its jurisdiction.  Tex. Gov't Code Ann. § 22.221 (Vernon 2004).  In order for a district clerk to fall within our jurisdictional reach, it must be established that the issuance of the writ of mandamus is necessary to enforce our jurisdiction.  See id.; In re Coronado, 980 S.W.2d 691, 692-93 (Tex. App.–San Antonio 1998, orig. proceeding).  Newsome has not demonstrated that the exercise of our mandamus authority against Staples is appropriate to enforce our jurisdiction.  Consequently, we have no authority to issue a writ of mandamus.  Accordingly, the petition for writ of mandamus is dismissed for want of jurisdiction.

                                                                                                    BRIAN HOYLE   

                                                                                                               Justice

Opinion delivered September 26, 2007.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)